September 4, 2012 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

SEPTEMBER 4, 2012

7:00 P.M.

Brewster Village Council met in regular session with Mayor Mike Schwab presiding.

7:00 P.M. – CALL TO ORDER

Council Members bowed their heads for the invocation provided by Clerk-Treasurer K. Kris King followed by the Pledge of Allegiance.

MEMBERS PRESENT:

Mike Schwab, Mayor

Sherri Bichsel, Council Member

Dave Duff, Council Member

Tom Hilliard, Council Member

Jay Huff, Council Member

David Godwin, Council Member

Steven Tharp, Jr., Council Member

VILLAGE OFFICIALS PRESENT:

K. Kris King, Clerk-Treasurer

Al McCallin, Solicitor

Rick Patterson, Jr., Fire Chief and Street Superintendent

Harry Porter, Police Chief

Mike Radich, Electric Lineman

MINUTES FROM THE AUGUST 20, 2012 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the August 20, 2012 Council meeting minutes. There were none.

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the minutes. The vote: All yes.

PRESENTATION OF BILLS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to accept the bills for the amount of $ 35,457.89. The vote: All yes.

Council Member Huff inquired about some of the salt barn bills. Council Member Hilliard stated that the Wentling Hardware closing was going to be harsh on the village residents and it is sad to see it go.

AUDIENCE TIME:

Robert Rogich, 815 Harriman, stated Mr. Hartman came to the house to the check water meter. He has not heard from him. Mayor Schwab stated the VA had gone back and checked previous months. VA Hartman had stated that he saw nothing wrong with the meter and Mr. Rogich says he is lying. Council Member Godwin stated his toilet was on the fritz and ran 2,600 gallons. Mr. Rogich stated his 30,000 gallons for one month which averages about 42 gallons per hour for a month. Council Member Huff asked if they changed his meter. The meter has not been changed. Mr. Rogich stated if it was the Village's problem it would have been changed the next day. Mayor Schwab stated that VA Hartman will be here shortly and can be brought back up.

Dale Fox, 464 Mohican, had two items to discuss. First issue is the landscaping is all done but one square in his front yard. He also stated there is a 8 inch gap between the curb and street for 20 feet. Council Member Tharp asked who was doing the job. It was stated that Zeigler Construction was doing it. Tharp stated that Council had spoken and stated that Zeigler was not to be hired again and why was he back. Mayor Schwab stated VA Hartman hired them.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL to go into executive session to discuss discipline of an employee at 7:13pm. Council Member Huff stated the facts need to be gathered first. Council Member Hilliard stated he would like some questions answered by VA Hartman before going into this meeting. The vote: Bichsel, yes; Duff, yes; Godwin, yes; Hilliard, no; Huff, no; Tharp, yes. Motion passed.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to exit executive session at 7:24pm. The vote: All yes.

The following residents were also present: Paul & Cindy Mackey, Linda Taylor, and Dale Fox.

GUEST:

Maryellen Chambers, Executive Director of ICAN, Amanda Fletcher, and Larry Kolic attended to discuss developing the end of Main Street with eight triplex buildings for low to moderate senior housing. Senior housing is for anyone 55 or older. Mr. Kolic also plans to build individual homes. Community Development Block Grants may be available for the curbing and gutters but must be applied for by the Village. There will be studies before the project is started to make sure there are enough eligible seniors in the area to make it a feasible project. Council Member Bichsel is going to look at some of the triplexes in the area to make sure this is something we would want in our community. ICAN would like a letter of support for an application they will be filing in October.

CONSIDERATION OF ORDINANCES:

ORDINANCE 25-2012: An ordinance awarding a contract to Hazen and Sawyer PC for engineering services for Wastewater Treatment Kings Highway Pump Station project was given second reading.

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pass Ordinance 25-2012 as read. The vote: All yes.

RESOLUTION 26-2012: A resolution amending Nuisance Section 93 of the Village's Basic Code to modify the notification process was given third reading.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pass Resolution 26-2012 as read. The vote: All yes.

An ordinance awarding a contract to Wichert Insurance for the village casualty and liability insurance was given second reading.

An ordinance authorizing a gas aggregation agreement with Volunteer Energy Services, Inc. was given second reading. (Rate: 7% less than Columbia Gas Standard Choice Offer Adder; residents may opt-out.)

An ordinance adopting the Stark County Multi-Jurisdictional All Hazard Mitigation Plan Update was given first reading.

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Rick Patterson

Expansion of the Paramedic Program began on Saturday, September 1: Mayor would like to thank Council for approving the expansion of this service.

The hose tester is in and the department has started the testing. So far two hoses have been found that will need to be replaced.

Council Member Huff feels very strongly about manning the station on holidays with a paramedic.

Police Department: Chief Harry Porter

Chief will restrict use of Village streets by golf carts, snowmobiles, ATV's, and similar vehicles; guidelines established by Ohio Revised Code; supported by Village Solicitor, Prosecutor, and Mayor.

Cruiser #1 (oldest) short circuit issues have been resolved; working on replacing the radio. He is also in the need of three new handhelds.

Chief is reviewing applications for part time officers.

Monthly activity report was given to council.

SOLICITOR: Attorney Al McCallin

Contacted about golf cart street restrictions and oil and gas wells in residential areas. Solicitor provided reviews for each.

Council Member Tharp asked about the non-development / utilization agreement for a small portion of property signed in 2010. Council Member Duff thought the area had been rezoned for storage units.

COMMUNICATIONS:

Stark Council of Government Meeting minutes from June 7 and Finance Statement available for review.

Letter from Volunteer Energy to all Village Gas Aggregation participants; 2012-2013-2014 Natural Gas Aggregation Program and the optional Opt-Out form to be submitted 09/11/2012.

Ohio Municipal League Annual Conference on 11/01/2012 in Columbus; All public officials are invited.

Council Member Tharp received a message from a resident and read it off of his cell phone. The resident complained about the bees at the skate park which has been taken care of, suggested expanding the skate park by taking in the tennis court which he/she says is not being used, and eliminate field #4 and put in a dog park. Council Member Duff stated his family reunion was down at the park and there were a lot of bees. He also stated that field #4 is a mudding mess when it rains and you are up to your ankles in mud in the outfield. Council Member Hilliard said the pop can bin at the recycling is also full of bees. Council Member Tharp asked that Council keep his comments in their forethought for the future. Council Member Duff agrees but does not want the dogs running free in areas where people take their kids to play. People walk their dogs on the walking path all the time with their dogs on leashes.

Council Member Duff asked Council to take a look at the handicap plastic picnic table. It is broke and needs fixed before someone gets hurt. He also stated kids are carving into the plastic lumber and would like Council to take a look at it before the next meeting.

MAYOR’S REPORT:

State Route 93/Elton Street intersection; Engineering Associates will provide a cost to engineer the installation of a turn lane radii on the east side of Elton Street with the possible funding through the OPWC or similar agency; solely for information at this point.

Awaiting an estimate from Harris/Day for Councilman Huff and Mayor's proposal for a Police garage.

Ohio Valley Energy: Notice that they intend to drill a gas well on Parcel #7001913 on residential property; from Solicitor; ODNR regulations trump Village Zoning restrictions; Mayor contacted ODNR, and State Legislators Oelslager and Hagan to protest drilling in residential area; in November 2010 the Village signed a Non-Development Oil and Gas Well Lease; approved by a motion of Council.

Mayor's Winter Projects:

Meet with larger business representatives to review Village's Community Reinvestment Areas & Enterprise Zone, look at Village services and how we can do a better job; to include Economic Development Committee.
Meet with BeachCity and Wilmot Mayors and Sugarcreek Trustees to explore consolidation of some services.
Review and propose guidelines for some Village services; along the lines of street/alley openings.
ODNR Naturework's project application for a project to be proposed; Expansion of a pavilion to provide utilities, lighting of the walking path, a dog park, or similar.
Above: Elton intersection and Police Garage proposals.

VILLAGE CLERK-TREASURER’S REPORT:

Request to upgrade our payroll system at a cost of $ 500.00 by Government Accounting Solutions.

Remind Council to look over and sign the check register on the table.

August Month End and Year-to-Date Report

Flu Shots: October 23rd from 10-11am if Council approves. Approximate cost is $ 500.00 but they will submit to Aultcare for all employees that are on an Aultcare plan for partial payment and bill the Village the rest. Last year we had fourteen employees and three residents participate. Residents will have to pay the $25.00 at the time of the shot.

Request to purchase 25 - 3 x 5 Nylon Flags @ $ 9.00 and 2 - 5 x 8 @ $ 18.00 Nylon flags from Senator Jim Renacci's office. Not to exceed $275.00 should cover it.

Trick or Treat- October 30 from 6-7:30? Coordinated with BeachCity.

Request to split the cost of purchasing two sets of Military flags with the American Legion for the boulevard. Approx. cost $532.00 plus shipping. Village will pay the total invoice and collect from the American Legion.

We need an ordinance for township money division between Ambulance Replacement and Fire Equipment Funds.

Yearbook ad = $95.00.

The cost for plastic lumber for the two benches at WittingPark is $ 1,363 where treated lumber will only cost about $ 200.

"VILLAGE SPEAKS":

Concerns about the limited sexual predator restrictions provided by the state.

Complaint of Reilly Sweeping speeding on Wabash Avenue.

COMMITTEE OR COUNCIL REPORTS:

Council Member Bichsel: Council of the Whole met at 6pm to review employee benefits, safety measures, wages, etc. No recommendations are ready. Chairperson would like available Council Members to meet with department heads after a date is set up. They will meet on the subject again in two weeks.

Council of the Whole/Employee Committee minutes from August 20.

Mayor suggests each committee take on a winter project for 2013.

Note: The Goal of any committee meeting is to discuss an issue or proposal and to provide by a consensus of the committee members a recommendation to Council.

Reminder: Council's FEMA training available at http://training.fema.gov/EMIWeb/IS/is908.asp; it is an hour course.

VILLAGE ADMINISTRATOR: Steve Hartman

Water:

VA Hartman stopped at Mr. Rogich's regarding large water usage. As the meter is functioning and meters do not speed up the water must have gone through the meter and as such is the responsibility of the resident. As with any unforeseen large usage bill, it may be spread out over three months.

Street:

Central Allied has signed the agreement and has received the Notice to Proceed.

Salt barn is finished.

Storm sewer north of the underpass has been repaired.

Sewer:

We had a fire at the plant on Sunday the 12th. VA Hartman has submitted loss to insurance. They ask for detailed quote from electrical contract $ 23,000.

Electric:

New pole has been set in the park. Fixtures are up.

Roseman has moved equipment in for the construction of the electric garage. They will be moving dirt shortly.

Village:

VA Hartman met with Kent Baker of Engineering Associates concerning the intersection of Elton and Route 93. Looked at possibly widening the intersection. Getting preliminary ideas before going to OPWC to apply for funding.

Met with Ohio Valley Energy regarding drilling well inside village.

The Eagle Scout Project building has been ordered. There will be three steps. First the demolition of the old barn, then the prep work, and finally the assembly of the barn.

Council Member Hilliard asked VA Hartman to email Council when Central Allied starts. He is also worried about the location of the salt barn because of sticky fingers. He wants a sign put up.

Council Member Tharp stated that it was brought to his attention that Zeigler Concrete was doing the curbing and gutter on Mohican St. There is a large gap. He stated Council had agreed not to use him. VA Hartman stated Zeigler was the least expensive and most available and that he is still in charge of expending funds. Council Member Tharp said that just because VA Hartman thinks Zeigler is the lowest doesn't mean it is the truth. He told VA Hartman that he was told that Council didn't want him used anymore and how many times is it going to take to get it through your head. Council Member Tharp stated it wasn't personal that it was all of Council. VA Hartman stated he will never use Zeigler again.

Council Member Hilliard asked about the quotes for the fire dept. electric upgrades. Council voted last meeting to have Wood Electric complete the project at a cost of $ 12,947.

EXPENDITURE REQUESTS from past Meetings:

Fire Chief: Heating/AC repair in Chief/Computer office = $ 1,000.

Note: Also awaiting another quote for the water storage building roof.

PENDING PROPOSALS from past meetings:

Mayor: Time to resurrect the street and alley opening regulations; would Council be interested in a rough draft of language for an ordinance?

OLD/NEW BUSINESS:

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up a resolution of appreciation for Vera Donat for her work on our American flags. The vote: All yes.

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to make the repairs to the heating and cooling for the Fire Chief/computer office at a cost of $ 1,000 divided equally from the Fire Fund and the EMS Fund. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to draw up an ordinance to divide the township money between the Fire Fund and the Ambulance Replacement Fund. The vote: All yes.

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to have Aultman hold a flu shot clinic at Village Hall on October 23 from 10-11am for employees not exceed $500. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to purchase two sets of military flags and invoice the American Legion for half the cost. The vote: All yes.

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to place an ad in the Fairless yearbook at a cost of $95.00. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL to adopt Chief Porter's recommendation restricting the use of golf carts, ATV's and other similar vehicle on village streets. Council Member Duff inquired about riding lawn mowers. It was then amended to include the language used in ORC sections 4519.4 and 4519.41 Council Member Hilliard asked about the hayrides they do each year. Chief Porter stated a wagon had flipped last year and there were injuries. They don't want that happening again. The vote: Bichsel, yes; Duff, yes; Godwin, no; Hilliard, no; Huff, no; Tharp, yes. The Mayor broke the tie with a yes vote. Motion passed.

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion passed to hold trick-or-treat on October 30th from 6-7:30pm. The vote: All yes.

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to hold a Council of the Whole/Employee Committee meeting on September 17th at 6:00pm. The vote: All yes.

Council Member Tharp wanted to let Council know there was an incident where a resident was injured in a fall on the sidewalk and is seeking help with costs for medical treatment. He is setting up a meeting and would like the Mayor to also attend. Council Member Huff asked once a sidewalk is put in, doesn't it become the property owners responsibility. Solicitor McCallin stated it can be a moral responsibility on the Village's part. Council Member Tharp wants to meet with her but will make no promises.

Council Member Hilliard went back to the water issue with Mr. Rogich. He wanted to know if the meter was read. VA Hartman stated it was read each month. Hilliard asked if VA Hartman believed it was actually used. Hartman stated it went through the meter. Mayor Schwab asked that the meter be changed. Council Member Huff asked how often the inside and outside meters were compared. Hartman stated they are to be done once a year. Huff stated his hadn't been checked in a long time and Hartman stated he would check it the next day.

Council Member Bichsel inquired if a meeting has to be voted on by Council. Clerk King stated she believed as Chairperson of a committee she could call the meeting as long as it was properly advertised. Solicitor McCallin agreed. Bichsel stated she would get in touch with the dept. heads to come up with a date and time to meet and advise Clerk King to advertise it.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to adjourn the meeting at 8:40pm.

Respectfully submitted,

____________________________________

K. Kris King, Village Clerk-Treasurer

___________________________________

Mike Schwab, Mayor

"Make sure you have finished speaking before your audience has finished listening." - Dorothy Sarnoff

"There is no security on this earth, there is only opportunity." - General Douglas McCarthy